Cantu v. State

KRUEGER, Judge.

The offense is murder; the punishment assessed is confinement in the State penitentiary for a term of twenty-five years.

The indictment, which contains four counts, alleges that the appellant unlawfully, voluntarily and with malice aforethought killed Narcisa Lupez Cantu by shooting her with a gun. The proof shows that on the afternoon of January 23, 1939, appellant and his wife returned from a visit they had made to his mothers. A few minutes after their return, Mrs. Cantu went out to feed the chickens, and appellant also went out into the back yard. They then went back into…